CAUSE

cause,n.1. Something that produces an effect or result <the cause of the accident>.

“It has been said that an act which in no way contributed to the result in question cannot be a cause of it; but this, of course, does not mean that an event which might have happened in the same way though the defendant’s act or omission had not occurred, is not a result of it. The question is not what would have happened, but what did happen.” Joseph H. Beale, The Proximate Consequences of an Act, 33 Harv. L. Rev. 633, 638 (1920).

but-for cause.The cause without which the event could not have occurred. — Also termed

actual cause; cause in fact; factual cause.

concurrent cause.One of two or more causes that simultaneously produce a result.

contributing cause.A factor that — though not the primary cause — plays a part in producing

a result.

cooperative cause.Archaic. A person who is contributorily or comparatively negligent. direct and proximate cause.See proximate cause.

direct cause.See proximate cause.

efficient adequate cause.See proximate cause.

efficient cause.See proximate cause. efficient intervening cause.See intervening cause. efficient proximate cause.See proximate cause. factual cause.See but-for cause. first cause.See proximate cause.

immediate cause.The last event in a chain of events, though not necessarily the proximate

cause of what follows. — Also termed effective cause.

initial cause.See proximate cause.

intervening cause.An event that comes between the initial event in a sequence and the end result, thereby altering the natural course of events that might have connected a wrongful act to an injury. • If the intervening cause is strong enough to relieve the wrongdoer of any liability, it becomes a superseding cause. A dependent intervening cause is one that is not an act and is never a superseding cause. An independent intervening cause is one that operates on a condition produced by an antecedent cause but in no way resulted from that cause. — Also termed intervening act; intervening agency; intervening force; independent intervening cause; efficient intervening cause; supervening cause; novus actus interveniens; nova causa interveniens. See superseding cause. [Cases: Negligence  430. C.J.S. Negligence §§ 202–205.] jural cause.See proximate cause. legal cause.See proximate cause. primary cause.See proximate cause.

procuring cause. 1. See proximate cause (2).2.Real estate. The efforts of the agent or broker who effects the sale of realty and who is therefore entitled to a commission. [Cases: Brokers  53.

C.J.S. Brokers §§ 166–169.]

proximate cause. 1. A cause that is legally sufficient to result in liability; an act or omission that is considered in law to result in a consequence, so that liability can be imposed on the actor. [Cases: Negligence  375.] 2. A cause that directly produces an event and without which the event would not have occurred. [Cases: Negligence  379, 385. C.J.S. Negligence § 197.] — Also termed (in both senses) direct cause; direct and proximate cause; efficient proximate cause; efficient cause; efficient adequate cause; initial cause; first cause; legal cause; pro-curing cause; producing cause; primary cause; jural cause. Cf. (in sense 2) remote cause.

“The four ‘tests’ or ‘clues’ of proximate cause in a criminal case are (1) expediency, (2) isolation, (3) foreseeability and (4) intention.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 823 (3d ed. 1982).

“ ‘Proximate cause’ — in itself an unfortunate term — is merely the limitation which the courts have placed upon the actor’s responsibility for the consequences of the actor’s conduct. In a philosophical sense, the consequences of an act go forward to eternity, and the causes of an event go back to the dawn of human events, and beyond. But any attempt to impose responsibility upon such a basis would result in infinite liability for all wrongful acts, and would ‘set society on edge and fill the courts with endless litigation.’ [North v. Johnson, 58 Minn. 242, 59 N.W. 1012 (1894).] As a practical matter, legal responsibility must be limited to those causes which are so closely connected with the result and of such significance that the law is justified in imposing liability. Some boundary must be set to liability for the consequences of any act, upon the basis of some social idea of justice or policy.” W. Page Keeton et al., Prosser and Keeton on the Law of Torts § 41, at 264 (5th ed. 1984).

remote cause.A cause that does not necessarily or immediately produce an event or injury. Cf. proximate cause (2). [Cases: Negligence  383.]

sole cause.The only cause that, from a legal viewpoint, produces an event or injury. • If it comes between a defendant’s action and the event or injury at issue, it is treated as a superseding cause. [Cases: Negligence  431. C.J.S. Negligence §§ 202, 315.]

“When this one dominant cause is found it is treated as the ‘sole cause’ for the purposes of the particular case, even if it might not be so treated in a different kind of cause of action. A ‘sole cause’ which intervenes between de-fendant’s act and the result in question is spoken of as a ‘superseding cause.’ … The phrase ‘sole cause,’ meaning the only cause which will receive juridical recognition for the purposes of the particular case, is convenient to give emphasis to three points: (1) If defendant’s act was the sole cause of the death or other socially-harmful occurrence, it is by definition a proximate cause thereof; (2) if something other than his act was the sole cause of the harm there need be no further inquiry so far as he is concerned; (3) it is not necessary that defendant’s act should have been the sole cause of the harm, — which is merely another form of stating that a contributory cause is sufficient.” Rollin M. Perkins & Ronald N. Boyce, Criminal Law 781–82 (3d ed. 1982).

superseding cause.An intervening act or force that the law considers sufficient to override the cause for which the original tortfeasor was responsible, thereby exonerating that tortfeasor from liability. — Also termed sole cause. Cf. intervening cause. [Cases: Negligence  431. C.J.S.

Negligence §§ 202, 315.] supervening cause.See intervening cause.

unavoidable cause.A cause that a reasonably prudent person would not anticipate or be

expected to avoid.

2. A ground for legal action <the plaintiff does not have cause to file suit>.

good cause.A legally sufficient reason. • Good cause is often the burden placed on a litigant (usu. by court rule or order) to show why a request should be granted or an action excused. The term is often used in employ-ment-termination cases. — Also termed good cause shown; just cause; lawful cause; sufficient cause.

“Issues of ‘just cause,’ or ‘good cause,’ or simply ‘cause’ arise when an employee claims breach of the terms of an employment contract providing that discharge will be only for just cause. Thus, just cause is a creature of contract. By operation of law, an employment contract for a definite term may not be terminated without cause before the expiration of the term, unless the contract provides otherwise.” Mark A. Rothstein et al., Employment Law § 9.7, at 539 (1994).

probable cause.See PROBABLE CAUSE.

3. A lawsuit; a case <the court has 50 causes on the motion docket>.

preferred cause.A case that a court may for good reason accelerate and try ahead of other

cases. — Also termed preference case; preference cause.

short cause.A case that requires little time to try, usu. half a day or less. — Also termed

short-cause trial.

4.CAUSA(2).

cause,vb. To bring about or effect <dry conditions caused the fire>.[Blacks Law 8th]